It may seem unbelievable that someone would prey on the elderly, but nursing home abuse happens every day. If your family member was the victim of nursing home abuse, you have rights.
Abuse can range from neglect to intentionally committing violence against a resident. All types of abuse can cause injuries and emotional damage. Abuse can also be at the root cause of health problems like pressure ulcers (bedsores), falls, and infections.
If your loved one suffers harm while in nursing home care, they deserve compensation for their suffering. Ben Crump Law, PLLC can help give you a voice to stand up for your elderly family member. Give our team a call at (800) 959-1444 to learn about how a Tampa nursing home abuse lawyer can represent you.
One of the most insidious aspects of elder abuse is that the more care an older adult requires, the more likely they are to be abused. According to the National Institute on Aging (NIA), people with dementia, memory problems, and disabilities are more at risk of being abused. These are the same conditions that often drive the decision to put a senior in nursing home care.
One category of nursing home abuse is neglect, according to the Centers for Disease Control and Prevention (CDC). When residents are neglected, they do not receive help with basic things like moving, getting food and water, or bathing. This can lead to problems like malnourishment, dehydration, and hygiene-related health issues.
Physical abuse and sexual abuse may be indicated through injuries like cuts, bruises, scratches, or even more serious things like fractures. Emotional abuse is also called physiological abuse. This may include actions like threatening or verbally attacking a resident.
Abuse may present itself through changes in your loved one’s behavior. If your family member becomes depressed or anxious, has trouble sleeping, or acts aggressive, it could be a sign of abuse.
If you know what to look for, you may see warning signs of bad nursing home care by observing the behavior of the staff. Be wary if:
- There is high staff turnover
- The staff seems disorganized or rushed
- The staff handles residents roughly
- The staff avoids your questions
- The staff appears too busy to interact with patients
- Nursing home management is rarely present
When nursing homes do not have enough staff to properly care for residents, the result can be neglect. If staff is spread too thin, they may fail to monitor for signs of life-threatening conditions like sepsis or stroke. Mistakes like medication errors are also more likely to occur. Ultimately, cutting corners when it comes to staffing may mean that the level of care suffers.
For a free legal consultation with a nursing home abuse lawyer serving Tampa, call (800) 712-9119
Nursing Home Bill of Rights
Nursing home residents have rights that are protected by Florida Statute § 429.28. The law states that every nursing home resident has the right to “live in a safe and decent living environment, free from abuse and neglect.” The resident bill of rights also guarantees access to:
- Health care
- Services and activities
- Community interaction
If you suspect your loved one’s rights are being violated, consider contacting a Tampa nursing home abuse lawyer.
Tampa Nursing Home Abuse Lawyer Near Me (800) 712-9119
Getting Help for Your Loved One
The first thing you should do if you think your loved one suffered abuse is report it. Compile all of the information related to your case and submit it in a written report to the administration in charge of the nursing home. Because elder abuse is a crime, you can also report to the local authorities.
The Agency for Healthcare Administration regulates licensed nursing home facilities in the state of Florida. You can make a complaint by calling (800) 712-9119, or fill out the Licensed Health Care Facility Complaint Form.
Another way to fight for your loved one is in court. The nursing home owed your loved one a duty of care, and if they failed in that duty, they should be held responsible for your family’s suffering. A lawyer familiar with nursing home abuse law can help you seek compensation for:
- Medical expenses – Nursing home abuse can result in sickness and injuries. If your loved one needed medical treatment because of an injury or illness caused by abuse, you may be entitled to compensation for your medical bills.
- Emotional harm – Abuse can leave seniors feeling traumatized, scared, and depressed. A court may award damages to compensate for the toll abuse has taken on your loved one’s mental health and well-being.
- Wrongful death – If your family member died because of abuse or neglect, Florida Statute § 768.21 allows you to sue for their medical and burial costs. You can also be compensated for the loss of your loved one’s companionship and your pain and suffering over their death.
It may be in your best interest to begin working with a lawyer on your case as soon as possible. The statute of limitations to take action for nursing home abuse injuries and wrongful death is two years. In most cases, the two-year window starts at the time your loved one suffers injuries. However, if the nursing home concealed your family member’s injuries or abuse, you have two years from the time it was discovered. The clock on cases of wrongful death begins at the time of your loved one’s passing.
Ben Crump Law, PLLC Offers Legal Support
Discovering your loved one suffered harm is devastating. You may be wrestling with feelings of shock, grief, and anger. Ben Crump Law, PLLC understands this is a difficult time for you and your family, and we feel that seeking justice should not become another burden.
If you decide to seek compensation for your loved one, a Tampa nursing home abuse lawyer may assist you with your case. A lawyer may be able to help you prove your loved one’s nursing home engaged in wrongdoing that caused them suffering. A lawyer may be able to make them pay for their actions.
Call Ben Crump Law, PLLC at (800) 712-9119 to take advantage of our no-cost consultation.